Published 10 June 2019
Sentencing — burglary — assault with intent to injure — Arahanga v R [2012] NZCA 480, [2013] 1 NZLR 189 — R v Puata-Chaney [2016] NZDC 22054 — Te Moananui v R [2014] NZHC 2320. The defendant appeared for sentence on charges of burglary and assault with intent to injure. He had entered a man's room and assaulted him while he was asleep. The defendant had first looked into the room to check whether the man was asleep, and the Court observed that in a video recording of the incident, the defendant had seemed calm and collected immediately prior to the assault. The defendant denied the offending. The Court set a start point for sentence of three years, adding an eight-month uplift for the defendant's conviction history and offending while subject to release conditions. The Court allowed a two-month discount for time spent on bail, meaning a final sentence of three years six months. Judgment Date: 26 September 2018.
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